News & Analysis as of

National Interest Waiver

Dinsmore & Shohl LLP

Understanding National Interest Waivers: A Strategic Route Worth Consideration

Dinsmore & Shohl LLP on

The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most...more

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Seyfarth Shaw LLP

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

Seyfarth Shaw LLP on

In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more

Holland & Hart - Employers' Lawyers

Navigating the National Interest Waiver (NIW) for Green Card Pursuit: A Comprehensive Guide

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National...more

Fisher Phillips

Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Fisher Phillips on

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic,...more

Obermayer Rebmann Maxwell & Hippel LLP

U.S. Departments of Homeland Security and State Accelerate ESTA Eligibility for Israeli Nationals, Effective Immediately

The U.S. Departments of Homeland Security (DHS) and State (DOS) announced in September that the agencies were expanding the list of Visa Waiver Program countries to include Israel, with a projected effective date of November...more

Dickinson Wright

[Webinar] Key Immigration Takeaways for Health Care Professionals: H-1B, J-1, and Conrad/National Interest Waivers - October 19th,...

Dickinson Wright on

Join us for an exciting and informative webinar, "Key Immigration Takeaways for Health Care Professionals: H-1B, J-1, and Conrad/National Interest Waivers" This one-hour webinar is specifically designed for Human Resources...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – September-October 2023

The Department of State published the October 2023 Visa Bulletin Report on September 15, 2023 and announced that it will accept family and employment-based filings based on the Dates for Filing chart in October. As October is...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Dickinson Wright

Navigating PERM in FLAG and the New Form ETA-9089

Dickinson Wright on

On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL...more

Jackson Walker

USCIS Confirms New Version of Form ETA 9089 is Required for Schedule A and National Interest Waiver I-140 Petitions

Jackson Walker on

The United States Citizenship and Immigration Services (USCIS) has confirmed the submission requirements for the new Form 9089 Application for Permanent Employment Certification, specifically for Schedule A and National...more

Harris Beach PLLC

U.S. Citizenship and Immigration Services Updates National Interest Waiver Guidelines for Advanced STEM Degree Holders

Harris Beach PLLC on

United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more

Womble Bond Dickinson

New PAIP Act Requires U.S. President to Annually Report to Congress on Foreign Nationals Involved in the Theft of Trade Secrets...

Womble Bond Dickinson on

The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP...more

Miles & Stockbridge P.C.

Updated Guidance for National Interest Waivers for STEM Graduates

U.S. Citizenship and Immigration Services (USCIS) updated last year its policy guidance about a specific type of employment-based, immigrant visa petition known as a National Interest Waiver (NIW), clarifying and possibly...more

Quarles & Brady LLP

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

Quarles & Brady LLP on

A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

Baker Donelson

Some Big Changes for USCIS this Week: Premium Processing Expanded, Extended Receipts for Permanent Residents, some Relief for H...

Baker Donelson on

U.S. Citizenship and Immigration Services (USCIS) has announced several important changes this week: expansion of premium processing for several employment-based categories; resumption of concurrent processing of spousal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications, Including New Petitions

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational...more

Mintz - Immigration Viewpoints

USCIS to Implement Additional Phase of Premium Processing Expansion

On January 30, 2023, USCIS will begin accepting some additional premium processing requests pursuant to its expansion of this program. Under this latest expansion, announced by USCIS on January 12, 2023, certain...more

Kramer Levin Naftalis & Frankel LLP

Recent Developments in Business Immigration Law

Beginning Jan. 30, U.S. Citizenship and Immigration Services (USCIS) will accept I-907 Premium Processing requests for all new and pending EB-1 Multinational Executive and Manager I-140 petitions and EB-2 National Interest...more

Womble Bond Dickinson

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Petitions

Womble Bond Dickinson on

On January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced implementation of the final phase of premium processing expansion for employment-based first and second preference I-140 petitions. Beginning on...more

Fox Rothschild LLP

Multinational executives and managers and applicants for National Interest Waivers can now apply for green cards on an expedited...

Fox Rothschild LLP on

On January 12, 2023 U.S. Citizenship and Immigration Services announced the implementation of the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2...more

Cozen O'Connor

USCIS Announces Final Phase of Premium Processing Expansion

Cozen O'Connor on

On Thursday, January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing the final phase of its planned premium processing expansion for Form I-140, Immigrant Petition for Alien Workers,...more

Gibney Anthony & Flaherty, LLP

USCIS Offers Premium Processing for More Permanent Resident Petitions

U.S. Citizenship and Immigration Services (USCIS) has further expanded premium processing eligibility to include more Form I-140, Immigrant Petitions for Alien Workers, under the EB-1 and EB-2 classifications, consistent...more

Mintz - Immigration Viewpoints

USCIS Started the Third Phase of Its Premium Processing Implementation for Certain Previously Filed Form I-140 Petitions

On September 15, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it had begun implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140 under...more

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